EAST 22ND EQUITIES LLC,RESPONDENT,v.CODY STAGGERS AS SUCCESSOR TO THELMA STAGGERS,APPELLANT.

Appeals from orders of the Civil Court of the City of New York, Kings County (John H. Stanley, J.), entered February 9, 2010 and February 22, 2010, respectively.

New York Supreme and/or Appellate Courts

East 22nd Equities LLC v Staggers

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 27, 2011

PRESENT PESCE, P.J., WESTON and STEINHARDT, JJ

The order entered February 9, 2010 denied tenant's motion to, in essence, stay execution of a warrant of eviction in a nonpayment summary proceeding. The order entered February 22, 2010 denied tenant's motion to be restored to possession.

ORDERED that the appeal from the order entered February 9, 2010 is dismissed as moot; and it is further,

ORDERED that the order entered February 22, 2010 is affirmed, without costs.

In thisnonpayment summary proceeding, the parties entered into a so-ordered stipulation in which tenant agreed to pay the arrears by October 30, 2009. Tenant did not pay the arrears by that date, and brought a motion to, in essence, stay the execution of the warrant. Thereafter, on November 20, 2009, the parties entered into a second so-ordered stipulation, in which tenant agreed to pay the arrears by December 30, 2009. Tenant again did not pay the arrears by the agreed-upon date and brought another motion to, in essence, stay the execution of the warrant. Over landlord's objection, that motion was granted to the extent of giving tenant until January 31, 2010 to pay the arrears. Tenant again did not pay the arrears by the ordered date and brought another motion to, in essence, stay the execution of the warrant. Tenant did not have the arrears at that time. The Civil Court denied the motion by order entered February 9, 2010, and tenant was subsequently evicted. Tenant then moved to be restored to possession, which motion was denied by the Civil Court by order entered February 22, 2010.

As the warrant has been executed, the appeal from the order entered February 9, 2010, which denied tenant's motion to, in effect, stay the execution of the warrant, is moot.

Moreover, it is noted that landlord asserts on appeal that there is a new tenant in possession of the subject premises. Consequently, tenant could not, in any event, be restored to possession at this time without joining the new tenant (see Eight ...

Our website includes the first part of the main text of the court's opinion.
To read the entire case, you must purchase the decision for download. With purchase,
you also receive any available docket numbers, case citations or footnotes, dissents
and concurrences that accompany the decision.
Docket numbers and/or citations allow you to research a case further or to use a case in a
legal proceeding. Footnotes (if any) include details of the court's decision. If the document contains a simple affirmation or denial without discussion,
there may not be additional text.

Buy This Entire Record For
$7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.